The perpetrators of the Boston Marathon Bombings have been caught over the weekend. The older brother was killed in a shootout, and the younger was finally apprehended. Having also been wounded in the shootout, he was talked into surrendering but is unable to speak as a result of his wounds. It has been discussed that he should not be read his Miranda Rights given the importance of determining if there were any others involved in planning their attack or if there are any other bombs that still need to be disarmed.
The youngest brother, Dzhokhar Tsarnaev became an American Citizen last year after having immigrated to the U.S. as a child with his family from Russia. His family came from Chechnya / Dagostan which are majority Muslim republics within Russia. Chechnya has been fighting a war for independence from Russia over the past decade that has been characterized by brutal terrorist attacks and government reprisals.
The Miranda rights involve informing a subject of their 5th and 6th amendment rights to remain silent, to have a lawyer... etc. It is required that the police inform all suspects of them before questioning them upon arrest. However, in cases of pressing national security concerns, these rights warnings may be delayed until after initial questioning. Having just been naturalized, and having grown up in America, Dzhokar is most likely familiar with his rights, and just because he wouldn't be reminded of them doesn't mean that he wouldn't have them.
There has also been talk about classifying him as an enemy combatant so as to send him to a Military Tribunal rather than a Civilian Court depending on what is learned of the brother's plans.
What do you think?
Should terrorists- including American Citizens who commit acts of terror, be guaranteed their basic rights according to the Constitution and sent to trial in a civilian court, or should their rights be suspended while they are sent for trial before a military tribunal?
This is the same question that faced President Lincoln throughout the Civil War. During War- even a War against Terrorism- should civil rights be upheld in all cases, or should they be suspended in certain circumstances?
Individual Rights and Terrorism
The perpetrators of the Boston Marathon Bombings have been caught over the weekend. The older brother was killed in a shootout, and the younger was finally apprehended. Having also been wounded in the shootout, he was talked into surrendering but is unable to speak as a result of his wounds. It has been discussed that he should not be read his Miranda Rights given the importance of determining if there were any others involved in planning their attack or if there are any other bombs that still need to be disarmed.
The youngest brother, Dzhokhar Tsarnaev became an American Citizen last year after having immigrated to the U.S. as a child with his family from Russia. His family came from Chechnya / Dagostan which are majority Muslim republics within Russia. Chechnya has been fighting a war for independence from Russia over the past decade that has been characterized by brutal terrorist attacks and government reprisals.
The Miranda rights involve informing a subject of their 5th and 6th amendment rights to remain silent, to have a lawyer... etc. It is required that the police inform all suspects of them before questioning them upon arrest. However, in cases of pressing national security concerns, these rights warnings may be delayed until after initial questioning. Having just been naturalized, and having grown up in America, Dzhokar is most likely familiar with his rights, and just because he wouldn't be reminded of them doesn't mean that he wouldn't have them.
There has also been talk about classifying him as an enemy combatant so as to send him to a Military Tribunal rather than a Civilian Court depending on what is learned of the brother's plans.
What do you think?
Should terrorists- including American Citizens who commit acts of terror, be guaranteed their basic rights according to the Constitution and sent to trial in a civilian court, or should their rights be suspended while they are sent for trial before a military tribunal?
This is the same question that faced President Lincoln throughout the Civil War. During War- even a War against Terrorism- should civil rights be upheld in all cases, or should they be suspended in certain circumstances?
What do you think?